Author Archives: Jay Butchko

Criminal Charges For Bad Condo Boards
Sometimes, condo boards do not act in an ethical manner, but until recent years, very little was able to be done about it unless the board member was caught in the act. In 2017, however, Florida made major changes to its relevant laws, establishing criminal consequences for some of the acts most often reported… Read More »

Overturning A Florida Prenup
Prenuptial agreements are meant to be set in stone to a reasonable degree. This means that most of the time, it is not possible to invalidate or overturn a prenup. However, there are exceptions in which a provision of the agreement might be able to be invalidated. If you have been stuck in a… Read More »

What Is Imputed Income?
Child support is a right owed to every child from their parents. If the parents choose to divorce, the court will usually assign a certain amount of child support to be paid each month, from the noncustodial parent to the custodial parent (in trust for the child). However, sometimes the noncustodial parent will try… Read More »

Avoiding Intestate Distribution of Assets
When you lose a loved one, it is not uncommon to want to retain some belonging of theirs as a memento of the person, or to be granted an asset like an automobile or bank account in their will. However, if the deceased person’s will is not in order, you may not get to… Read More »

Military Pensions and the USFSPA
During their service, military servicemembers accrue points and service time toward their pension vesting, as many employees do with their employer. However, servicemembers are not allowed to access the principal at all until they have served at least 20 years, and when they do, it is divisible in divorce. If you are going through… Read More »

Who’s Got The Key: Condo Laws & Privacy Rights
Most Florida condo owners, by necessity, accept a little interaction with their condo board and with maintenance people who require access to their units in order to make repairs. However, in recent months and years, it has become more common for condo associations to request even more access to units, which can be discomfiting… Read More »

Identifying Marital Assets In Florida Law
Florida is an equitable distribution state, meaning that upon divorce, all assets will be split into marital and separate property. Separate property, as one might guess, remains the property of the individual spouses, while marital assets and debts are divided in a fair, or ‘equitable,’ manner. However, sometimes it can be difficult to classify… Read More »

Sudden Changes To Child Support
When people with children get divorced, they must make provision for child support in all but the most rare circumstances. It is possible, over time, to modify a support agreement, though, especially if a significant or sudden change occurs in your life or in the life of your child or children. If a change… Read More »

Making Your Prenup “Ironclad”
Prenuptial agreements used to be only for wealthy people, because the time and trouble to create one used to be extensive. However, as that changed over time, more and more couples have opted to have one. This does mean that people have generally gotten better at busting prenups – in other words, at getting… Read More »

Questions To Ask During A Military Divorce
Getting a divorce while one is in the military, or from a military member, is markedly different than getting a divorce while both parties are civilians. There are issues that simply do not come up in civilian divorces because there is no functional equivalent to certain rules. Regardless, it is important to educate yourself… Read More »